A. For the purpose of promoting health, safety, morals or the general welfare, a county or municipality is a zoning authority and may regulate and restrict within its jurisdiction the: (1) height, number of stories and size of buildings and other structures; (2) percentage of a lot that may be occupied; (3) size of yards, […]
A. Sections 3-21-1 through 3-21-14 NMSA 1978, and any ordinance adopted pursuant to these sections, shall be enforced, by the zoning authority having jurisdiction, as municipal ordinances are enforced. B. In addition, if any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in […]
If any other statute or regulation or other local ordinance, resolution or regulation adopted under authority of Sections 3-21-1 through 3-21-14 NMSA 1978 is applicable to the same premises, the provision shall govern which requires: A. the greater width or size of yards, courts or other open spaces; B. the lower height of building or […]
A county zoning authority may contract for staff assistance and the service of another body if the other body is a: A. state agency; B. federal agency; C. private planning agency; or D. planning or zoning commission of a municipality within the county. History: 1953 Comp., § 14-20-10, enacted by Laws 1965, ch. 300. ANNOTATIONS […]
A. Counties having authority to regulate building and zoning under Sections 3-21-1 through 3-21-14 NMSA 1978, may enact ordinances to carry out that authority the same as a municipality, except where inconsistent with statutory or constitutional limitations placed on counties. The ordinances are effective only within the zoning jurisdiction of the county. B. County ordinances […]
A. Ordinances authorized under Section 3-21-13 NMSA 1978 may be proposed by any member of the board of county commissioners but shall not be submitted to the board for final passage until after publication. B. A majority of the board members may order publication of the title and a general summary of a proposed ordinance […]
This act [3-21-15 to 3-21-26 NMSA 1978] may be cited as the “Special Zoning District Act.” History: 1953 Comp., § 14-20-13, enacted by Laws 1965, ch. 206, § 1. ANNOTATIONS Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For Municipal Airport Zoning […]
The purpose of the Special Zoning District Act [3-21-15 to 3-21-26 NMSA 1978] is to promote the health, safety, morals and general welfare of persons residing in areas outside the boundary limits of incorporated municipalities. History: 1953 Comp., § 14-20-14, enacted by Laws 1965, ch. 206, § 2. ANNOTATIONS Law reviews. — For note, “County […]
As used in the Special Zoning District Act [3-21-15 to 3-21-26 NMSA 1978]: A. “person” includes one or more individuals, partnerships, associations, corporations, the state, any political subdivisions of the state and its agencies; B. “district” means special zoning district; C. “commission” means zoning commission; D. “single family dwelling” means a house which is occupied, […]
A special zoning district is created in an area consisting of no more than twenty thousand contiguous acres that is outside the boundary limits of an incorporated municipality when: A. there are at least one hundred fifty single family dwellings within the area; B. at least fifty-one percent of the registered electors residing in the […]
A zoning commission consisting of five members shall be elected by the registered electors residing within the district in accordance with the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978]. Members of the commission shall be residents of the district, and each shall be elected for a term of two years. […]
To carry out the purposes of Sections 3-21-1 through 3-21-14 NMSA 1978: A. a county zoning authority may adopt a zoning ordinance applicable to all or any portion of the territory within the county that is not within the zoning jurisdiction of a municipality; B. a municipal zoning authority may adopt a zoning ordinance applicable […]
A municipality that has a population of one thousand five hundred or less at the last federal decennial census and that is partially bordered, at the time of that census, by federal land managed by the United States forest service, may change the zoning or use of any land acquired by first submitting the question […]
Election of members to the commission shall be conducted pursuant to the Local Election Act [Chapter 1, Article 22 NMSA 1978]. History: 1953 Comp., § 14-20-18, enacted by Laws 1965, ch. 206, § 6; 2018, ch. 79, § 62. ANNOTATIONS The 2018 amendment, effective July 1, 2018, provided that the Local Election Act governs elections […]
A. The commission shall have power within the district as part of the building and zoning ordinances, regulations and restrictions adopted by it in the manner otherwise provided by law, to regulate and restrict: (1) the height, number of stories and size of buildings and other structures; (2) the percentage of a lot that may […]
The procedure for the commission in establishing, amending or repealing the ordinances, regulations or restrictions provided in the Special Zoning District Act [3-21-15 to 3-21-26 NMSA 1978] shall be the same as for the governing body of counties in Sections 3-21-5 through 3-21-8 NMSA 1978. History: 1953 Comp., § 14-20-20, enacted by Laws 1965, ch. […]
The commission may provide by ordinance for the enforcement of the Special Zoning District Act [3-21-15 to 3-21-26 NMSA 1978]. A violation of the Special Zoning District Act, or any ordinance made thereunder, is a misdemeanor. If the Special Zoning District Act or any ordinance made thereunder is violated, the commission, in addition to other […]
The ordinances enacted under the authority of the Special Zoning District Act [3-21-15 to 3-21-26 NMSA 1978] shall be enforced by the district attorney and the sheriff of the county or counties in which the district is situate. History: 1953 Comp., § 14-20-22, enacted by Laws 1965, ch. 206, § 10. ANNOTATIONS Am. Jur. 2d, […]
Any person aggrieved by any regulation, restriction, or ordinance made by the commission may file a claim for relief in the district court. History: 1953 Comp., § 14-20-23, enacted by Laws 1965, ch. 206, § 11. ANNOTATIONS Am. Jur. 2d, A.L.R. and C.J.S. references. — Standing of zoning board of appeals or similar board to […]
All necessary costs incurred by the zoning commission of a special zoning district in connection with official acts performed pursuant to the Special Zoning District Act [3-21-15 to 3-21-26 NMSA 1978] shall be borne by the parties in interest. Provided, that the commission may by ordinance impose reasonable fees upon parties in interest and such […]
